What are my rights when removing a vehicle from my land?

htrj

Hi,

I realise this isnt a money saving issue but someone here might be knowledgable enough to be able to advise me on this subject.

A neighbour has apparently abandoned his car on my property. As it is not preventing me from going about my business the Police say they can't touch it. I have tried approaching the neighbour and explain what I would like him to do with the car but he just keeps saying "put it in writing" and closes the door on me.

Can I arrange to have the car removed?
Who will be liable for the cost of removing it?
Where can I remove it to?
Will I be liable for any damage if I do remove it?

Look forward to hearing from you,

Joe_Horner

Its a bit of a tricky situation.

The Refuse Disposal (Amenity) Act 1978 makes it the local council's duty to remove abandoned vehicles. because it's a statutory duty they have no choice but to do so, but they can charge.

If the owner has told you to "put it in writing" then the best approach is probably to do so.

Phone your local council and find out what their procedure for dealing with vehicles under the above Act is. Don't report it as abondoned yet, this is just so you know the procedure beforehand.

Then write to him (recorded delivery, even though he's next door) informing him that, if he doesn't remove the vehicle by a certain date then you'll report it as abandoned, have the council remove it under their procedures, and bill any costs involved to him. Tell him what the cost of this will be.

If he doesn't remove it by the specified date then report it and arrange for the council to remove it. Present him with a bill for your costs (again, by recorded delivery - don't forget to include the cost of the letters!)

When he doesn't pay, use MCOL to make a small claim against him for the cash.

System

Try approaching your council. A lot of councils will remove abandoned vehicles from private land.

E.G. http://www.croydon.gov.uk/transportandstreets/streets/avreport

forgotmyname

Push it out into the road.

Advert in the paper/shop window free car. Come and collect it.

Got a few spanners? See how many items you can dismantle using one spanner.
When removing the parts put them on the neighbours property.

pete428

is it taxed? if not report it for being on the road. or block it in, so he cant move it off your land when he deciedes to move it.

Mark_Mark

pete428 wrote: »

is it taxed? if not report it for being on the road. or block it in, so he cant move it off your land when he deciedes to move it.

Make your mind up.

Is it on the road or the ops land?

POPPYOSCAR

Why has he abandoned it on your land?

Is he just using you as a car park - seems strange as he could easily get someone to collect it and pay him for the scrap if he does not want it anymore.

Strider590

So what's there history here?
Why is this guy being such a d***?

htrj

"Its a bit of a tricky situation.

The Refuse Disposal (Amenity) Act 1978 makes it the local council's duty to remove abandoned vehicles. because it's a statutory duty they have no choice but to do so, but they can charge.

If the owner has told you to "put it in writing" then the best approach is probably to do so.

Phone your local council and find out what their procedure for dealing with vehicles under the above Act is. Don't report it as abondoned yet, this is just so you know the procedure beforehand.

Then write to him (recorded delivery, even though he's next door) informing him that, if he doesn't remove the vehicle by a certain date then you'll report it as abandoned, have the council remove it under their procedures, and bill any costs involved to him. Tell him what the cost of this will be.

If he doesn't remove it by the specified date then report it and arrange for the council to remove it. Present him with a bill for your costs (again, by recorded delivery - don't forget to include the cost of the letters!)

When he doesn't pay, use MCOL to make a small claim against him for the cash."

Thats what I thought someone would suggest but it is reassuring to have someone confirm what I was already thinking.

The vehicle is on my land, it is taxed and it is insured.

Does anyone know how much trouble I would find myself in if I picked it up myself and put it back on his property?

wapow

forgotmyname wrote: »

Push it out into the road.

Advert in the paper/shop window free car. Come and collect it.

Got a few spanners? See how many items you can dismantle using one spanner.
When removing the parts put them on the neighbours property.

This is exactly what I was thinking!
Just stick it out on the road! Not your problem! Do it at night and if anyone asks say its your neighbours car not yours and you didn't touch it simple as. Stupid tricky laws! How dare he use you as a parking space and then to say "put it in writing" !!!!!!??? Knock him on head but I would say dismantle it and chuck all the crap in his yard!
Get scrappers to pay you to take it away?!

pete428

Mark_Mark wrote: »

Make your mind up.

Is it on the road or the ops land?

it can be where ever it wants to be. ill put it in simple words so you can un-der-stand properly. pick up the phone, call the police, and say you saw it on the road with no tax. if it is taxed (now we know it is) block it in so he cannot remove it. hope the words were not to big for you mark_mark